The military accuser was the first witness sworn and interrogated, but the prosecution had much other testimony tending to show that the prisoner had been living in great amity with persons notoriously of sentiments antagonistic to the Union cause, as exemplified by his long stay in Judge Roscoe's house; that he was in correspondence and even in intimate association with a Rebel in hiding under the same roof; that either with treacherous intent, or for personal reasons, he had leniently permitted this enemy in arms to lie _perdu_ within the lines and subsequently to escape with such information as had resulted in great loss of men, materials, and money to the Federal government; that he had been apprised, by the sentinel at the door, of the approach of a body of troops the night before the attack on the redoubt took place, and that he nefariously or negligently declined to investigate the incident. Most of this evidence, however, was circumstantial. The defence met it strenuously at every point. The intimacy between Judge Roscoe and the Baynell family was shown to be of a far earlier date, and the friendship utterly devoid of any connection with political interests; in this relation the accused had in every instance subordinated his personal feeling to his military duty, even going so far as to cause the property of his host's niece to be seized for military service,--the impressment of the horse, which Colonel Ashley testified he had at that time considered an unwarrantable bit of official tyranny, some individuals being allowed to retain their horses through the interposition of army officers among their friends. Colonel Ashley testified further that the prisoner was such a stickler on trifles, as to seek to check him, a person of responsibility and discretion, an experienced officer, in expressing some casual speculations in the presence of Judge Roscoe concerning troops on an incoming train. The accused admitted that he had not investigated the sound of marching troops in the thrice-guarded lines of the encampment, but urged it was no part of his duty and impracticable. Small detachments were coming and going at all hours of the night. If an officer of the guard, going out with the relief or a patrol, had seen fit to march across Judge Roscoe's grove, it was no concern of his nor of the sentinel's. He had no divination of the proximity of the enemy.